2013-1070-Minutes for Meeting June 12,2013 Recorded 7/29/2013DESCHUTES COUNTY OFFICIAL
BLANKENSHIP, COUNTY OS
CLERK
COMMISSIONERS .ra y 07/29/2013 10;25;19 AM
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
Deschutes County Board of. Commissioners
1300 NW Wall St.1 Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or
MINUTES OF BUSINESS MEETING 11
DESCHUTES COUNTY BOARD OF COMM S HERS
WEDNESDAY, JUNE 129 2013
Commissioners' Hearing Room - Administration Building -1300 NW Wall St., Bend
Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone.
Also present were Tom Anderson, County Administrator, Chris Doty, Road
Department, Peter Russell, Community Development, and seven other citizens.
Chair Unger opened the meeting at 10:00 a.m.
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
None were offered.
3. Before the Board was Continuation of a Public Hearing stud Consideration
of Board Signature of Resolution No. 2013-020, an Update to the Deschutes
County Transportation System Development Charge Methodology.
Chair Unger reopened the continued hearing.
Chris Doty gave a brief overview of the item. In regard to the time limit
relating to abandonment of a specific land use, testimony was previously given
recommending a longer period of time (see attached memo for reference).
In regard to Tetherow specifically, some language was prepared to include if
the Board is supportive.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 12, 2013
Page 1 of 6
He suggested that if relief is to be given, to do this on a percentage basis and
not through a specific amount or number of trips. Staff recommends that if this
is done, it should be at 50%. Tetherow representatives can spew to City of
Bend representatives on the same matter, as this provides a path for them. Not
all areas in Tetherow are affected the same.
One item not addressed was a specialized reduced rate for Goal 8 resorts. They
have gone to great lengths to try to encapsulate all residential under one
umbrella. Otherwise there would have to be deed restrictions affirming second
home status and other complications.
Commissioner DeBone asked for clarification of the 50% figure. Mr. Doty said
it would be a reduction of the normal fee for single family dwellings.
Tia Lewis, attorney for Arrowood, came before the Board. She realized staff
does not want to give full SDC relief but thanked them for their cooperation.
She asked that all fees being paid in duplicate to City and County be waived;
they are looking at all the fees and assessments that are being duplicated. The
language suggested is acceptable since it limits this to properties that are subject
to SDC's from the City. This helps also to not to set precedence.
She thought that the .26 would be an appropriate rate for trips for second.
homes. However, they will accept whatever SDC relief is offered by the Board.
Bruce White, also representing BRE entities at Tetherow. He said they are
striving for fairness and a reduction of .26 is preferred. He beard Mr. Doty's
explanation in this regard and understands the reasoning.
Steve Hultburg said that all Goal 8 resorts need to be treated equally.
Paul Dewey for Central Oregon Landwatch stated he appreciates staff and the
work of the SDC committee. This is a complicated issue and was handled well.
Issues were brought up and it was an educational process for all. He is
disturbed with what is being done now since the committee did not have time to
deal with this scenario. This issue should have been raised in the committee
process, and feels it should be remanded back to the committee. This should
have been brought up earlier.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 12, 2013
Page 2 of 6
When something involves resorts, he does not think fairness is always the case.
Tetherow was required to work with the City and there was no County road
SDC at the time. They continue to pay the City for this. They are not lobbying
for this change for all, but just for Tetherow which has been impacted by both
agencies.
Annexation at the time was not an option due to issues the City was facing, the
UGB and other situations.
Neil Bryant for Tetherow LLC appreciates the suggested compromise and the
.26 makes sense. This is a unique situation and he hopes a solution can be
reached.
Commissioner DeBone said he supports the SDC and the work that has been
done. This is a unique situation. He backs reducing the whole package, to the
50% number. When it comes to SDC's, second homes, vacationers and others
still need transportation systems. The roads are well maintained here and
funding is necessary to keep them in good order.
Commissioner Baney stated that a lot of work has gone into this effort, and she
appreciates the changes that have been incorporated. She supports the 50% o
level, and hopes they can leverage this with the City of Bend. The development
fulfilled the infrastructure requirements, but no discussions took place at the
time regarding SDC's. It would be impossible to replicate this particular
situation and it won't happen again. In reference to Goal 8, it is a specific issue
to this development.
Chair Unger noted that SDC's are important, as they help address growth and
maintaining the system in the future. He tries not to modify the methodology.
This helps keep the road system functional. They want the path going forward
to be clear. He believes they should pay some City SDC's as there are impacts
to the City streets. This can be packaged into the homeowner's loan.
They unfortunately haven't found common ground here. Hle supports the
methodology that they have in place. Some homes don't impact on a 100%
basis, but 50% does not make sense to him. He supports the 100% level..
Mr. Doty said they can approve the original Resolution withh the 50% number if
desired.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 12, 2013
Page 3 of 6
Chair Unger stated they can continue the hearing; close and deliberate and
come to consensus; or send it back to the committee for a recommendation.
Commissioners Baney and DeBone indicated the hearing should be closed.
Chair Unger closed the hearing.
BANEY: Move approval of 50% level.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE Yes.
UNGER: Chair votes no.
Before the Board was Consideration of Approval of the Consent Agenda.
BANEY: Move approval.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
Consent A e da Item
4. Board Signature of Order 2013-025, an Order for the Sale at Auction of Certain
Real Property Acquired by Deschutes County.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
5. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$12,172.01.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
LINGER: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, Jung: 12, 2013
Page 4 of 6
CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
6. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District in the
Amount of $3,755.41.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
13ANEY: Yes.
UNGER: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
7. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $803,978.72.
DEBONE: Move approval, subject to review.
BANEY: Second.
VOTE: DEBONE: Yes.
BANEY: Yes.
UNGER: Chair votes yes.
8. ADDITIONS TO THE AGENDA
The Board discussed the legislative conference call scheduled for the next
morning. It was noted that the cities do this on different days of the month than
those the County established. Discussion has occurred regarding combining these
meetings.
Commissioner Baney suggested that at this late date, anyone with concerns
regarding certain bills needs to reach out individually to the legislators.
Being no farther items discussed, the meeting adjourned at 10:35 a.m.
Minutes of Board of Commissioners' Business Meeting Wednesday, June 12, 2013
Page 5 of 6
DATED this ` ~ Day of 2013 for the
Deschutes County Board of Commissioners
Alan Unger, Chair
C
Tammy Baney, Vice Ch
ATTEST:
6jk",~ svj&~
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Anthony DeBone, Commissioner
Recording Secretary
Minu of Elow4 of Commissioners' Business Meeting Wednesday, June 12, 2013
Page 6 of 6
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BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest
Name
Address
Date - 12 - (A
Phone #s
E-mail address
` In Favor ❑ Neutral/Undecided
Submitting written documents as part of testimony? ❑ Yes
❑ Opposed
❑ No
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Phone #s_ 5qI-3V2.-ZoR
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❑ Opposed
..,.Submitting written documents as part of testimony? ❑ Yes qNo
BUT ?E8co2
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Agenda Item of Interest y w Date
Name
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Phone #s
E-mail address
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Agenda Item of Interest ~-DT_ Date
Name
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Agenda Item of Interest ~-O f 3 - 0 a-D Date _L J z 13
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REQUEST TO SPEAK
Agenda Item of Interest s0Ch Date L/,z/13
Name
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E-mail address
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❑ In Favor ❑ Neutral/Undecided ❑ Opposed
Submitting written documents as part of testimony? ❑ Yes ❑ No
Bonnie Baker
From: Nunzie <nunzie@pacifier.com>
Sent: Wednesday, June 12, 2013 9:26 AM
To, Board; Bonnie Baker
Cc: FRED MAURER; Carolyn Perry
Subject: Testimony for 10am public hearing today: Co Transportation SDC's
Testimony for your Public Hearing loam 6/12/13 on Transportation SDC's
Please enter into the record:
Testimony for your Public Hearing loam 6/12/13 on Transportation SDC's
Please enter into the record
Dear Commissioners:
I encourage you to not issue favoritism as relates to Transportation SDC's. Already your matrirx calculations
are watered down because the study regarding resort traffic is based on Not Goal 8 resorts. Your matrix does
not reflect the transportation numbers for instance from the Thornburgh Resort which are higher than the study
data for Black Butte and Eagle Crest I (not Goal 8 resorts). Additionally at Highway 20/Tumalo there is a huge
infrastructure need which is not included in your matrix cost : please add twenty million dollars (M$20) for this
improvement.
Additionally, your calculations do not include all of the public ROW s in the County because many of these
roadways the County does not maintain (Riverside Ave in Tumalo is but one example).
Also, your policy on Destination Resorts has been mostly exceptions and no rule which no wonder is cause for
your recently adopted. CDD work plan to request monies toward monitoring resorts.
Tetherow Resort is in the County and should pay County transportation SDC's.
I encourage you to not decrease the transportation SDC. The County should be increasing this fee as road
building costs have increased from 2008 and the. County currently has neither ifs own transportation model or
nor it's independent transportation studies you are relying on developer's watered down studies - The
developers want to show least impact; not actual impact. The least impact means the less fees the developers
need to pay... The County should have it's own independent data.
If you look at why so many roads have a chip seal topping, this is because you don't have the proper budget to
fund the longer lasting overlayment.
Additionally, there should be no grace time to pay SDC's when rezoning land. Please delete this 10 year gift.
Thank you
Nunzie Gould, one of your tax payers
19845 JW Brown Rd
Bend, OR 97701
541-420.3325
Road Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 38&6551 • FAX (541) 388-2719
MEMORANDUM
Date:
June 12, 2013
To:
Board of County Commissioners
Through:
Tom Anderson, County Administrator
From:
Chris Doty, Road Department Director
RE:
Resolution 2013-020 - Suggested language additions
At the initial public hearing for Resolution 2013-020 (June 5, 2013), the BOCC requested staff
explore language to address concerns raised by Andy High, (Central Oregon Builders
Association) relating to Section 4B(2) of Resolution 2013-020 and the proposed two-year period
whereby a land use is deemed to be "abandoned". Mr. High recommended a longer period prior
to declaration of abandonment in circumstances such as destruction by fire or instances where
the prior use has been removed or demolished to abate a public nuisance. The following
language (bold text), added to Subsection 2 of 4B, is recommended to address the above
concerns:
2) If the previous development or prior use of the property, which was not required to
pay an SDC at the time of its previous use or development, has been abandoned
for at least two consecutive years, as determined by the Community Development
Department under the County Code, then no consideration of existing use shall
occur and a new SDC assessment shall apply. However, if such development
or use was discontinued due to fire, natural disaster or required demolition
on account of public health and safety, then the two-year time period will be
extended to 10 consecutive years.
Should the BOCC consider SDC relief to Tetherow, the following provision (Subsection 1 to
Section 4A) could be added to Resolution 2013-020 (bold text):
Section 4. APPLICABILITY
(A) A Transportation System Development Charge is hereby assessed and imposed
upon all new development for which a building permit or a development permit is
required and issued within all unincorporated areas of the County outside the cities
of La Pine, Sisters, Redmond and Bend. From and after assessment, the
transportation system development charge shall run with the property, not with any
structure attached to the property. Development shall mean and include new
construction, alteration, expansion or replacement of a building or dwelling unit.
Non-residential, farm-related buildings for growing and/or storing agricultural
products to be used on site, and that do not generate additional commercial traffic,
are exempt.
1) All development subject to payment of the City of Bend Transportation SDC
via the Water and Sewer Agreement between the City of Bend and Cascade
Highlands Limited Partnership (recorded agreement #2005-73584) shall pay
XX% of the Transportation SDC for the specific use.
If reduction is contemplated, staff recommends utilizing a percentile reduction of the County rate
in lieu of adopting a specific trip generation rate. Staff recommends a reduction of no less than
50%.
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, JUNE 12, 2013
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Please complete a sign-up
card (provided), and give the card to the Recording Secretary. Use the microphone and
clearly state your name when the Board calls on you to speak.
PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public
hearing will NOT be included in the official record of that hearing.
3. CONTINUATION of a Public Hearing and Consideration of Board Signature
of Resolution No. 2013-020, an Update to the Deschutes County Transportation
System Development Charge Methodology - Chris Doty, Road Department
Suggested Actions: Continue hearing, receive public testimony, and move
approval of Resolution No. 2013-020.
CONSENT AGENDA
4. Board Signature of Order 2013-025, an Order for the Sale at Auction of
Certain Real Property Acquired by Deschutes County.
Board of Commissioners' Business Meeting Agenda Wednesday, June 12, 2013
Page 1 of 5
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
5. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
6. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
7. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
8. ADDITIONS TO THE AGENDA
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues
relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS
192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items.
FUTURE MEETINGS:
(Please note: Meeting dates and times are suhject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated, If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners' Business Meeting Agenda Wednesday, June 12, 2013
Page 2 of 5
Wednesdav. June 12
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Thursday, June 13
7:30 a.m. Legislative Conference Call with Public Affairs Counsel
6:00 p.m. Public Hearing on the Alfalfa Cell Tower Application Appeal - Alfalfa Community
Center
Monday, June 17
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, June 20, 2013
8:00 a.m. Regular Meeting with the City of Sisters Council - Sisters City Hall
Friday, June 21
7:30 a.m. State of the County/Forecast Breakfast - Bend Country Club
Monday, June 24
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, June 26
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Thursday, June 27
7:30 a.m. Legislative Conference Call with Public Affairs Counsel
Monday, July 1
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, June 12, 2013
Page 3 of 5
Tuesday, July 2
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, July 3
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, Jul 4
Most County gffices will be closed to observe Independence Day
Wednesday, July 10
10:00 a.m. Board of Commissioners' Business Meeting
1:30 pm. Administrative Work Session - could include executive session(s)
Monday, July 15
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, July 11
7:00 a.m. Regular Meeting with the City of Redmond Council - Redmond Council Chambers
Mondav. Julv 22
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, July 24
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursda Jul 25
6:00 p.m. Joint Meeting of the Board of Commissioners and the Deschutes County Planning
Commission to Discuss Groundwater Protection Recommendations - Sunriver
Homeowners Aquatic and Recreation Center
Board of Commissioners' Business Meeting Agenda Wednesday, June 12, 2013
Page 4 of 5
Monday, July 29
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, July 31
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, August 5
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Tuesday, August 6
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, August 7
10:00 a.m. Board of Commissioners' Business Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues
relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS
192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items.
Board of Commissioners' Business Meeting Agenda Wednesday, June 12, 2013
Page 5 of 5